Vaping FAQs

is vaping legal in massachusetts

by Bret Ebert Published 2 years ago Updated 1 year ago
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The sale of tobacco and vapor products to persons under age 18 is prohibited. Sampling in vapor shops is prohibited. Massachusetts' Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. However, vaping is banned on all state college & university campuses.

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What are the laws about smoking and vaping in Massachusetts?

Massachusetts Law About... A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. MGL c.64C Cigarette excise. Regulates pricing, taxation and other aspects of cigarette and e-cigarette sales. MGL c.71, § 2A Use of tobacco products at schools

What are the tobacco control laws in Ma 2019?

2019 Tobacco Control Law, MA Dept. of Public Health. Law and restrictions on the sale of nicotine vaping and flavored vaping and tobacco products. Laws that require insurance coverage for certain products and services to help you quit smoking.

Can You vape in a condo in Massachusetts?

At the moment, there are no laws prohibiting vaping in private residential units in Massachusetts, such as condos and apartments. As a matter of fact, the Massachusetts Clean Indoor Air Act does not prohibit vaping products where smoking is not allowed. This does not mean that you can smoke anywhere you want.

What is the legal age to buy e-cigarettes in Massachusetts?

The legal age to buy e-cigarettes and other tobacco products in Massachusetts is 21. Where can you use e-cigarettes? As of December 31, 2018, the use of e-cigarettes is prohibited throughout the state in places where smoking is prohibited by the Smoke Free Workplace Law.

How much nicotine is in a vape in Massachusetts?

Is it legal to vape in Massachusetts?

Is menthol banned in tobacco?

Does Massachusetts have vaping laws?

Is vaping legal in Massachusetts?

Can you buy flavored vape juice in Massachusetts?

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Massachusetts Introduces New Laws on Vaping Products For 2020

As from December 11th the new law implemented the following restrictions: Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml.

Is Joe Biden Banning Vapes? Nicotine Products Could Be ... - Newsweek

President Joe Biden speaks during an event to mark the 2010 passage of the Affordable Care Act in the East Room of the White House on April 5, 2022 in Washington, D.C. Biden has signed a new ...

E-Cig State Laws in 2022 - License to Vape

It’s important to have the latest information on all laws that affect vaping. We’ve compiled the latest laws in all 50 states for you. Just check out the

New Vape Law: E-Cigarette Regulations & Compliance

Here's an overview of what online sellers of vaping products can do to comply with the new e-cig regulations: Register with ATF and with tax administrators of the locations you’re shipping vaping products and any locations your vaping products are advertised/offered.; Verify the age of your customers before checkout.

State by State Restrictions on Vaping Products - Electric Tobacconist

As a result of the PACT Act, USPS can no longer ship vaping products. Please read our Vape Mail Ban page for more information.. Electric Tobacconist complies with all federal and state-specific laws and regulations.

How to help a smoker in Massachusetts?

Combining medication with coaching support can triple your chances of success. So call the Massachusetts Smokers’ Helpline at 1-800-QUIT-NOW for free advice and support. It’s confidential and is available in multiple languages.

Who can help with vaping?

Providers and pharmacists can play a vital role in delivering important information on vaping and smoking cessation.

How much nicotine is in a vape?

The sale of non-flavored nicotine vaping products (with a nicotine content over 35 milligrams per milliliter) is restricted to licensed, adult-only retail tobacco stores and smoking bars.

What is the limit on smoking in a store?

Effective immediately, the new law places the following restrictions: Retail stores licensed to sell tobacco products, such as convenience stores, gas stations, and other retail outlets, are restricted to the sale of non-flavored nicotine products with a nicotine content of 35 milligrams per milliliter or less.

What is the Massachusetts General Law Chapter 270?

The text of Massachusetts General Law Chapter 270, Sections 6 and 6A. A statement that the sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age is prohibited. Notice that the sale of flavored electronic nicotine delivery systems is prohibited. A warning about the health impacts of vaping.

When did the new tobacco control law come into effect?

New tobacco control law. On December 11, 2019, the state’s Public Health Council approved new regulations that restrict the sale of nicotine vaping and flavored vaping and tobacco products. This action follows the Legislature passing and Governor Charlie Baker signing into law An Act Modernizing Tobacco Control, ...

What age can you smoke second hand?

Information concerning the health risks of second hand smoke and vaping. A statement that no person under the age of 21 is allowed on the premises at any time. This information is provided to assist individuals in complying with a state regulation related to the operation of a retail tobacco store.

What is the Massachusetts law on smoking?

Massachusetts law about smoking. A compilation of laws, regulations, cases, and web sources on the use of tobacco products, including smoking and vaping, in Massachusetts. Skip table of contents.

What are the tobacco laws in Massachusetts?

Tobacco laws and regulations in Massachusetts, including sales to minors, smoking in the workplace, licensing of retail outlets, vending machine sales and more. Tobacco control act compliance, enforcement and training, US Food and Drug Administration, December, 2019.

What to do if you are charged with vaping in Massachusetts?

If you believe you were unjustly charged with violating Massachusetts new vaping laws, you should seek help from a Massachusetts criminal defense attorney to fight your charge. Contact the Law Offices of Richard Mucci to order a free case evaluation. Call at 781-729-3999 to talk about your circumstances.

What are the restrictions on vaping?

As from December 11th the new law implemented the following restrictions: 1 Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml. 2 The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets. 3 The consumption and sale of any flavored nicotine vaping product may only take place in a licensed smoking bar. 4 From June 1 of this year the selling of combustible flavored cigarettes and other tobacco products, which include menthol cigarettes and flavored chewing tobacco, will be limited to just any licensed smoking bar where sales are for the purpose of only being consumed on-site. Also, as from June 1st, as well as the Massachusetts 6.75 percent sales tax a 75 percent excise tax on the wholesale prices of all nicotine products will be enforced.

How much nicotine is in a vape?

The selling of non-flavored nicotine vaping products which have nicotine content more than 35 mg per ml can only be sold by a smoking bar and adults-only retail tobacco outlets.

How many people died from vaping in 2019?

Since the revelation that vaping users have either suffered lung injuries or have died due to vaping, the Centers for Disease Control and Prevention (CDC) statistics up to December 2019 have confirmed there have been 54 deaths attributed to vaping. Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use ...

How much nicotine is allowed in a gas station?

Any retail store which has a license to sell tobacco products, like gas stations and convenience stores are restricted to selling non-flavored nicotine products which possess a nicotine content of no more than 35 mg per ml.

How many cases of lungs injury have been linked to vaping?

Since that announcement, almost 2,300 cases of injury to lungs have been linked to the use of e-cigarette or vaping products as reported to the CDC from the 49 states, the D.C., Puerto Rico and the U.S. Virgin Islands.

Why did Charlie Baker ban vaping?

In fact, back in September last year, he went as far as declaring a public health emergency which resulted in implementing a ban of four months on the use of all vaping products. This was in response to media coverage that a mysterious lung illness ...

How many people use e-cigarettes in Massachusetts?

In 2019, 32% of Massachusetts high school students reported vaping in the past 30 days compared to 5.6% of adults (2018).

What can I do to prevent my child from vaping?

Simply talking with your child about these products can help protect them. Let them know that you care about them and that vaping is not safe.

Where are e-cigarettes sold and how are youth getting them?

Until recently, e-cigarettes of all flavors and nicotine content levels could be sold in many places including convenience stores, corner stores, gas stations, vape shops, and online. As of November 27, 2019, Massachusetts implemented a law that restricts where flavored tobacco products, including e-cigarettes can be sold. The sale of all flavored tobacco products, including e-cigarettes, in Massachusetts is restricted to adult-only (age 21+) smoking bars. This also includes menthol. The sale of unflavored e-cigarettes with a nicotine content over 35 mg/mL is restricted to adult-only tobacco retail stores or smoking bars . Only unflavored e-cigarettes with a nicotine content of 35 mg/mL or less can still be sold in convenience stores, gas stations, liquor stores and other similar businesses, as well as online.

What is an e-cigarette?

E-cigarettes are battery-powered noncombustible (not flammable) tobacco products that simulate the action and sensation of smoking. People use e-cigarettes to vape.

What are the other dangers of vaping?

In addition to nicotine, e-cigarettes contain harmful and potentially harmful chemicals such as ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.

Is being around secondhand vape safe?

No. According to the Surgeon General, the aerosol from e-cigarettes is not harmless. It can contain harmful and potentially harmful chemicals, including nicotine; ultrafine particles that can be inhaled deep into the lungs; flavoring such as diacetyl, a chemical linked to a serious lung disease; volatile organic compounds such as benzene, which is found in car exhaust; and heavy metals, such as nickel, tin, and lead.

Can e-cigarettes be used to vape other substances?

Yes. E-cigarettes and other vaping devices can be used to vape other substances, such as marijuana. Open systems require the user to add the e-juice, which can be a substance other than nicotine. Closed systems are generally not refillable because they use pre-filled pods. However, they can also be altered to vape substances other than nicotine.

What smoke-free restrictions exist for e-cigarette use?

Use of electronic cigarettes included in definition of “smoking” and prohibited in same spaces smoking prohibited, Mass. Gen. Law ch. 270 § 22 (a) (2021) (definition of smoking); including workplaces, indoor public places, child care centers, state buildings and vehicles, (with some exceptions) Mass. Gen. Law ch. 270 § 22 (b), (c) (2021); and public transportation. Mass. Gen. Law ch. 272 § 43A (2021)

What is electronic smoking device?

Electronic smoking device means “any product that can deliver nicotine to the user through inhalation of vapor [including] any component part of such product, including liquid for use in the device regardless of whether the liquid contains nicotine, [and] whether or not sold separately....”. 940 Mass. Code Regs. 21.03 (2021) Sales and tax.

What is electronic nicotine delivery system?

Electronic nicotine delivery system means “an electronic device, whether for 1-time use or reusable, that can be used to delivery nicotine or another substance to a person inhaling from the device including, but not limited to , electronic cigarettes, electronic cigars, electronic ci garillos, electronic pipes, vaping pens, ...

When did the vaping ban end?

Public health officials have linked the illnesses to vaping. Although the ban was originally scheduled to lift on Dec. 24, Baker decided to end it early, after state lawmakers last month approved the nation’s strictest tobacco regulations.

What is the new law in Massachusetts?

The new law gives the Massachusetts Department of Public Health some new powers to regulate vaping. That includes the ability to stop sales of any product that officials determine is causing vaping-related lung illness or is a significant threat to public health.

What happens if a tobacco shop doesn't follow the rules?

If shops aren’t following the rules, then they can be fined thousands of dollars and ordered to temporarily stop selling tobacco products.

Why did Baker ban vaping?

Baker announced the temporary ban in September, citing a lack of information about the cause of a growing number of cases of lung illnesses and some deaths across the country and in Massachusetts. Public health officials have linked the illnesses to vaping.

Is there a moratorium on vaping in Massachusetts?

The Cannabis Control Commission regulates the sale of marijuana vaping products in Massachusetts. In November, the CCC put a moratorium on all medical marijuana vape sales. That temporary hold will remain in place even after the state's new nicotine rules take effect. This article was originally published on December 10, 2019.

How many people have died from vaping in Massachusetts?

State officials say they've identified 90 probable and confirmed cases of vaping-related lung illnesses in Massachusetts. Three of those people have died.

What is the tax on vaping?

It also places a 75% excise tax on nicotine vaping products and requires health insurers to cover tobacco cessation counseling.

How much nicotine is needed for vaping?

And they'll need to make sure any vaping products on their shelves have a nicotine concentration of less than 35 milligrams per milliliter of vaping solution.

How old do you have to be to buy Juul?

Anything containing higher nicotine concentrations, such as certain products by popular electronic cigarette maker Juul, will be restricted to tobacco stores that restrict entry for people under the age of 21.

Is vaping legal in Massachusetts?

Massachusetts health officials voted Wednesday to end the emergency vaping ban. But not all products will be allowed to go back on store shelves .

Who is the executive director of the Vapor Technology Association?

Tony Abboud, the executive director of the Vapor Technology Association, said in a statement that the bans "will do nothing to protect youth."

Is Massachusetts a vaping state?

A handful of states have imposed temporary bans on vaping products, but Massachusetts is now the first with permanent restrictions in place.

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

Is smoking banned in prison?

Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).

How much nicotine is in a vape in Massachusetts?

You can buy unflavored or tobacco-flavored vaping products in Massachusetts , as long as they have a nicotine concentration of less than 35 milligrams per milliliter.

Is it legal to vape in Massachusetts?

Disposable vapes are not legal in Massachusetts. As the law currently stands, it is not legal to sell or possess a disposable e-cig in Massachusetts.

Is menthol banned in tobacco?

Menthol cigarettes are also banned as well as any type of chewing tobacco that has been made into flavorings such as cherry or grape flavors.

Does Massachusetts have vaping laws?

Recently, Massachusetts passed a law that regulates vaping products in the same way as cigarettes and other combustible tobacco products. These new laws will have big implications for vapers in Massachusetts.

Is vaping legal in Massachusetts?

Is vaping legal in Massachusetts? Vaping is legal in Massachusetts. However, since vaping is considered a tobacco product, there are restrictions on where you may be able to vape.

Can you buy flavored vape juice in Massachusetts?

You cannot purchase vape juices in Massachusetts state. The legislature banned e-cigarette flavors after passing the bill last year. Besides, the federal law also prohibits all pods, juices, and flavor vapes.

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